californians' votes will remain valid while the legal challenges work their way up through the courts. >> reporter: supporters of same- sex marriage say the appeals court has put the matter on the fast track, which they believe helps their cause. >> they even questioned the parties specifically to address, why should this case not simply be dismissed because this appeal, there is no right to go forward on it? they specifically asked that question. >> reporter: meanwhile, hundreds of couples have already been planning their weddings for wednesday evening. they are now going to have to reschedule. and among those couples are two people who heard the news late this afternoon and join us live now. so you guys were planning a wedding. you had already had a formal wedding of sorts but now you heard this afternoon that it's not going to be legal by the state. >> right. yeah. it's incredibly disappointing as you mentioned. we had our personal ceremony in front of 130 of our friends and family last month. and we were hoping to be able to make our marriage legal tomorrow so it's disappointing but we are kind of used to it, two steps forward, one step back. but i know ultimately we are going to get full civil rights and marriage equality will come to california. >> reporter: good luck to you. it will be several months before we know exactly what happens. legal analysts on both sides are still trying to understand what's going on, allen, as it appears though that the ninth circuit court of appeals didn't make any statement one way or another as to which direction they will lean once they have the hearing in december. >> we'll have to wait for december. joe vazquez in san francisco, thank you. at a time when big public pensions are under scrutiny, a former san francisco police chief is defending his six figure draw. but what is fair and what can cities afford? linda yee on what some bay area voters are being asked to decide. >> the retirement was one of the drawing points of me taking the job. >> reporter: earl sanders worked for the san francisco police department for 40 years. eventually, he rose from street cop to chief. when he retired in 2003, the city rewarded his service with a $242,000 a year pension. >> i worked hard for the money and the pension was one of the things that got me to work hard. >> reporter: sanders says he risked his life as a police officer, missed time with his wife and their children, and has nothing to apologize for concerning his pension. >> supervising, running on organization, with between 2500 and 3,000 people, with a budget of $300 million, the chief is entitled to a fair compensation. >> would argue that a police officer, a firefighter has a tough job and they should be compensated. the question is, you know, should they be getting pensions in the amount of $200,000 a year at a time when taxpayers can't afford it? >> reporter: san francisco public defender jeff adachi says when it comes to big retirement funds, the city has made promises it can't keep. >> we are spending 28 times more on city employee pensions and healthcare cost than we are fixing our streets. >> reporter: adachi isn't looking to take back money from retirees but has a proposition on the november ballot that would make employees contribute more to their own futures. proposition b would require all city employees to pay 9% or 10% into their pension funds, some 10,000 currently paying nothing at all. that includes adachi and it would require current employees to contribute more towards healthcare. >> you're only asking city employees to do what's fair. >> reporter: earl sanders says the system was fair when he was on the job. >> i did exactly what i was told, followed the rules, and those rules were set by the people -- the citizenry or the legislators. >> the voters in better times have actually approved some of these increases to the pension. but i think one thing that was not made known to the public is what the future consequences of this would be. this is something that is going to bankrupt the cities and it's going to saddle our children for generations. >> reporter: san francisco's biggest labor unions have filed suit to get prop b off the ballot. they say it's unconstitutional and that the petitions voters signed to place it on the ballot were misleading. >> thank you. well, recently a castro valley man came home, found his home burglarized and to and i subtle to injury his dog was also missing. mike sugerman shows us it wasn't until he went looking for the dog he found out he is not the only victim. mike. >> reporter: absolutely, allen. in this quiet castro valley neighborhood, neighbors don't seem to talk to each other as much as maybe some other bay area neighborhoods. so when there was a crime spree that was going on, they didn't even know it until as you say one man started knocking on doors. behind every missing dog poster on a telephone pole there is a story. often it's one family's story. this one turned into a news story. sailor is wondering where his buddy lula, gone nine days, hasn't been seen since their home was broken into. >> so they just kind of came in whew, whew, they were gone. >> reporter: cassidy and his wife lost computer, cameras, jewelry, up to $12,000 he thinks. more importantly, he thinks they stole lula their prized year and a half old bijon frees. >> i'm glad i'm 46, not 26. i think i'd be out there with a shotgun or something just, my mentality. >> reporter: they put up 2500 flyers and canvassed the neighborhoods to get her home. they discovered something strange going on. >> so we have that house and as we come down here, the house the greenhouse here. >> reporter: talking to his neighbors told us of 14 burglaries in just the past four months. >> there have been a series of burglaries that have occurred in the area and it's our belief that it may be perpetrated by one or more people that are working together. >> reporter: likely someone in the neighborhood, the thinking of this sergeant. they have already recovered some missing stuff from other houses, he says, not lula. not yet. >> if they had microchipped their dogs that helps quite a bit, some sort of tagging. >> reporter: cassidy says he can kick himself for not getting the kick in lula. there is a $1,000 reward for lula's return donated by his friends. >> if i got all this crap, is it worth it? you took a family member. bring her back. >> reporter: this is the cassidys' garage. and there are many of the 2500 flyers that they have put out. if you know anything about lula, they, you know, if you have seen a dog like that or maybe you know somebody that has a dog like that might be lula, call the sheriff's department or there is a website set up, it's helpfindlula.com. we have it on our cbs 5 website under "newslinks." >> nothing else, mike, it sounds like it's getting the neighbors to start talking to each other. >> reporter: well, yeah. you know, you go around and knock on doors and you say hi, i'm robert and i'm down the street and i got burglarized. you got to be care. >> yeah. >> they say hey wait a minute i got burglarized to. in this era of 24-hour news and everybody knows everybody else's business, it's interesting to find out that everybody doesn't know everybody else's business. and now this neighborhood knows to kind of be on alert. i don't know how else they would have done it. but it is an interesting situation. >> yeah. sort of impromptu neighborhood watch. all right, mike sugerman, thanks so much. to residents in palo alto, it is more than just a tree. tonight, the search for whoever defaced it. i'm len ramirez in san jose, where a long-time family- run grocery chain is struggling. just ahead the competition that's causing the economic trouble. of palo alto's most recognizable natural la >> police are trying to find out who is responsible for defacing one of palo alto's most recognizable natural landmarks. somebody spray-painted a giant redwood known as el palo alto, or the tall tree, with white and green paint. the 110-foot tree is located on alma street and palo alto avenue. it's recognized as california's first living official landmark. arborists say the good news is that the graffiti should not permanently harm the tree. but police say whoever is responsible could face misdemeanor vandalism charges. bay area grocery store chain closing the doors at one of its stores tonight. only six of the pw stores remain. pw's president hopes for a white knight to ride in and save him. len ramirez in san jose where it looks like it might be the end of this institution. len. >> reporter: might be the end of of the institution, the end of this particular store. in fact, we know it will. as of 9:00 tonight, this particular store at foxworthy and meridien will close its doors for good. as you mentioned there are questions whether or not the entire chain can survive. >> good luck, sweetie. >> you, too. >> reporter: hugs and tears for long-time supermarket coworkers who are parting ways. >> saturday is my last day. >> reporter: this one in san jose. >> and it was hard to walk away not only with the coworkers that i have learned to appreciate and respect since november, uhm, but the customers. >> reporter: customers like lavonne doll who told me she has been shopping at pw since 1949. >> i am sick. as long as i've been coming here, this has been my store, my neighborhood, and there are so many of us that feel the same way. it's not just age for us. it's the idea that we have our own place. >> reporter: pw was once a san jose institution. >> ee franco work his way up from picking fruit on the east side opening his first store in 1943 and often extending store credit to struggling families. this store in alum rock and jackson was his first but closed earlier summer, only six of the original nine stores remaining open. some of them have dwindling stocks on the shelves, leading many to wonder if this chain can survive. is it tough to see them struggle? >> it's heartbreaking. >> reporter: terry gonzalez says it's hard for independent union shop grocers to survive with increased competition from big box stores and upstart ethnic markets which are often nonunion and pay minimum wage. >> with the economic downturn like it is when we have our union employers paying the full boat and the other guys aren't, competition gets tough. >> reporter: how are the price here? >> i think they are higher than most stores. >> reporter: do you think that's a big reason for them closing? >> yeah, i think so. >> reporter: former workers say that may be but customers did get something extra. >> pw has given tlc to every customer that walks in the door. that's how i treat my customers and that's what's hard to leave. >> reporter: pw's top managers were not available for comment today so we don't know exactly what their plans are. there are conflicting reports. one says they are getting out of grocery business and will lease these location out to other grocery markets. another says they will try and stay in business with the remaining stores so we didn't know. either way, it doesn't look gad for the employees. they have had about 20 layoffs recently, so people are struggling to find jobs in a tough job market. >> it leaves a hole in the community, no doubt. >> reporter: absolutely. they have been around for a long time. joey franco himself died in 2003. a lot of people i heard the comment today, it's, you know, he wouldn't be glad to see what's happening to his chain. >> he wouldn't be pleased. all right, len, thanks. muni is introducing new fare gates and vending machines for clipper, the fare card that is supposed to work on most bay area transit systems. but had as phil matier shows us, there are still a few kinks in the clipper system that aren't quite ironed out yet. phil. >> reporter: that's right, dana. we are here in downtown san francisco where, by trolley or by train or by muni or by bart, people are trying to make it home with a new clipper card that's supposed to make the commute easier but as we learned today, for some, it's proven to be quite a headache. reporter: it was quite a show as officials unveiled the latest link in clipper, the new $100 million ticket system that eventually will allow you to buy one ticket and ride on just about every transit system from marin to san jose, san francisco included. the idea? >> more convenient transit experience. >> reporter: from the looks of things, however, that smooth ride is still bumpy. for one, there was a problem for 6,000 commuters when the system refused to issue their monthly wage works passes. the ones they buy through the workplaces. >> that problem seems to have been resolved. >> reporter: then there is the implementation. for starters, san francisco's cable car operators apparently didn't know how to use the new scanners. >> we have resolved that problem with additional trainers on those conductors and i think we'll be fine but again, you know, we carry literally hundreds of thousands of people every day. these cards are new. >> reporter: maybe. but justin cannon who takes the cable car to work every day said he got so tired of the conductors not knowing how to use the new scanners -- >> that i pretty much trained them how to use the machines once or twice a week. >> reporter: you're training the guys on the cable cars on how as to use the new clipper system? >> yes. >> reporter: buddy johnson is having a different problem, billing. >> you ask for a supervisor and they can't find one. >> we have had a number of glimpse of. we just solve them one at a time after we have had a number of glitches, and then move on. >> reporter: bart has another problem. riders can use clipper for the train rides but not the mandatory parking fee for the cars if they drive to the station. >> bart parking will transition from the easy rider car to the clipper card but that's several months down the road. >> reporter: but glitches or not, clipper is coming. >> we do this infrastructure not to make a profit or make money off of it, but to make sure our customers have a very smooth experience using our system. >> reporter: any chance this might lead to a fare reduction? [ laughter ] >> no, i don't want to talk about fare reductions at this juncture. >> reporter: it's interesting to note in the recent past year, they spent about $500,000 to market clipper get it up and going. i think they are going to have to spend a little more to iron out some of the bugs. >> wow. for their $100 million, they didn't get training with it or something? they are missing a whole chunk with that $100 million. >> reporter: you know and i know, you get the software but it's the operate their makes the difference. [ laughter ] >> goodness. all right, phil matier, thank you. all right. let's see if our computers and software are working down there in the weather center. >> i was ready for you to toss and say and now to the rodney dangerfield of weather, because i'm telling you, i get no respect! everywhere i went this weekend everybody is complaining about the weekend. but ah today, more seasonal weather returned to the bay area. stepping outdoors right now, our live cbs 5 weather camera looking out towards san jose where the air temperature right now stands at 71 degrees. westerlies at 12. but in san jose, today's high was 76 degrees and that's down from the average high of 84 degrees. clear skies there, but looking at san francisco average high 69 degrees today, topping off at 62 degrees. we do have already the saturation of a deep marine layer roughly about 1500 feet deep. deepening up to 2,000 feet tonight, robust sea breeze as well. westerlies at 23 miles per hour. overnight hours, pushing through the bay inland towards the central valley, retreating back tomorrow during the daytime hours, but playing tag with the immediate seashore. i'm going to cool down the north bay slightly tomorrow. otherwise, 50s overnight. tomorrow's daytime highs, 70s in san jose, 80s los gatos, morgan hill 89. today they were 88. same story throughout the tri- valley approaching 90 towards brentwood. north bay numbers bringing them down a couple of degrees because of a trough hanging overhead, upper 50s stinson beach to the mid-80s towards the delta. the hottest day this workweek will be on thursday. the coolest will be on friday. dana, back to you. >> all right, roberta. thank you. so what can you do if you have don't want to bring your identification to the gym or maybe you forget it? one local chain has a solution. you can scan your index finger and you're in. but not everyone thinks that's a good idea. simon perez joins us from san francisco to tell us why some privacy experts wonder if the convenience is worth it. >> reporter: fumbling for your identification is a thing of the past at "24 hour fitness" the company is installing a fingerprint scanning system so that this gets replaced by that. the path to getting in shape hasn't changed much over the years: eat right, work out. but the path to get into the gym has. "24 hour fitness" is installing fingerprint scanners at its bay area locations. here's how "24 hour fitness" says it works. the company takes three scans of both your index fingers, so you can use either one to get in. the imaging your fingerprint isn't stored. instead a computer measures the distance between several points on your print. that measurement is stored as an identifying number, which comes up every time you place your finger on the reader. if your p.i.n. and the measurement code match, "24 hour fitness" knows you're you. >> i don't have any concerns. >> a little skeptical of identify at the theft. >> your fingerprint is a sensitive piece of information. it can't be replaced if it's compromised at all. >> reporter: rebecca works for the privacy group electronic frontier foundation. >> you can replace credit cards. even when push comes to shove you can replace your social security number if you have to. but if somebody gets your thumbprint, fingerprint, some other kind of biometric data like an iris print, you just can't replace it if it's gone. >> reporter: she says on paper, "24 hour fitness" is taking all the proper precautions to protect member identities starting with promising not to keep records of fingerprints, only the measurements. but many plans that look good on paper have flaws in practice. for example, the federal government promised full body scan images collected at airports and other location would never be stored. yet the u.s. marshals service recently admitted it had stored thousands of the images taken at a courthouse in florida. the company says this program is a roaring success. lots of people are using it, getting in quickly and, of course, no more discussions about who are you because i forgot my identification. but dana of course it should say it is optional. they are not making everybody do it. you can still bring your id. >> thank you, simon perez. one more reason to stay calm as you carry on. that's in two minutes. ,, people! look at you! texting...blogging... all this technology, but you're still banking like pilgrims! it's time for new school banking, bubbie. interest plus savings at capitalone.com. why earn bupkis, when your savings can earn three times the national average!! three times the national average!!! new school banking at capital one bank. with interest plus savings, go to capitalone.com!!!!! what's in your wallet? somebody help me down. baccalaureate. correct. 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[ male announcer ] at&t is making high speed internet affordable for only $14.95 a month with select services. you more aggressive or more agreeable? how you answer a lot about yo all right. pop quiz. when it comes to your personality are you more aggressive or more agreeable? how you answer could say a lot about your heart. dr. kim here to explain. whatever it is, i'm going to agree with you. >> reporter: we always look to a mediterranean diet, olive oil, fish, for heart healthy habits. now researchers have analyzed men and women living along the mediterranean not for how they eat but how they express themselves. and being antagonistic can put your heart in danger. reporter: anger... >> don't touch him, sir. >> reporter: -- you know it when you see it. >> do not touch the camera! you're assaulting him, officer, some help! >> reporter: in this year's tour de france, organizers cited these two cyclists for insults, threats and incorrect behavior. >> you can't do that, carlos. >> reporter: and carlos zambrano of the chicago cubs gives new meaning to batter up. professional or not, all this aggression comes at a cost, a greater risk of heart attack or stroke according to new term research. researchers studied nearly 6,000 italians. those who scored high for antagonistic traits on a standard personality test had greater thickening of the arteries, including stiffening which spells trouble. young healthy blood vessels are flexible, elastic and that helps regulate blood pressure. as they get stiffer, that increases the risk of heart attack or stroke. [ screaming ] >> reporter: anger and aggression play a role. in this report, men and women deemed the least agreeable had a 40% increased risk of arterial thickening compared to those who were the most agreeable. now, the findings suggest it may be time to include antagonism and other personality traits when considering risk factors such as smoking, weight, cholesterol, blood pressure and diabetes. it might also help determine who could benefit from coping mechanisms or a little anger management. >> if you are wound uptighter than a watch spring -- >> scary. >> and there's stress and everything else. >> lots of stress out there. we all need to practice a little serenity. >> breathe. >> yes. >> thank you. well, we always have the bad news. like one in four students dropping out of high school. now some numbers that are easier to hear. the new reason for hope in california classrooms. always a tricky subject. how do you grade teachers? why one account of classroom progress has a union calling for a boycott. and for these bay area students, this was a back-to- school day unlike any other. ,,,,,,,,,,,,,,,,,,,, gay marriages will not resume in california this week. a quick update on our top story. gay marriages will not resume in california this week. a federal appeals court today ordered them to remain on hold while it reviews the case of proposition 8. the panel of three judges agreed to expedite the case and scheduled oral arguments for the week of december 6. lawyers for the two gay couples who challenged prop 8 say that they will not appeal the ruling. they say that they are satisfied that the court will speed up the case. california students are getting better marks in math and science according to the state department of education. here are the details. the department says result from this year's standardized tests show both english and math scores rose 2%. test scores have risen for the past eight years. all groups of students have made progress, although black, latino and poor students are still trailing their white and asian peers. just about everyone agrees america's education system is troubled but how to fix it? that's where things get complicated. tonight the question of how to grade teachers has sparked a firestorm. as dave lopez explains, a teachers union is handing out low marks. >> when a baby starts to walk, what does he do first? >> crawl. >> reporter: and what a controversy is brewing thanks it a los angeles time investigative report with a look at the effectiveness of teachers in the l.a. unified school district and included an element called value-added to the equation. >> if i was a doctor and i read that i would say oh, my god! but there are a lot of variables, there are a the love things that inner city schools have to deal with. >> reporter: using test scores data that went back 7 years, the times analyzed teachers in the district third through fifth grade and the test showed the effects of the way the teacher teaches in the classroom and there was a huge disparity among some of the teachers. >> it's a rather abrupt way of making this wake-up call. >> reporter: but some teachers welcome the report. >> i don't think that the article meant that this was the end all just because according to data that this means i'm an infectsive teacher but it's a beginning going in the right direction. >> reporter: aj duff fit president of the teachers union was a rate over the times article calling it unfair, biased and says to judge teachers based on test scores is flat-out wrong and shouldn't be done and calls for all teachers to boycott the "l.a. times." >> that's ridiculous. >> you don't want that? >> no. >> i think it's a checks and balance. the media is needed in situations like this. >> reporter: and this from district headquarters? >> i personally believe there is a great deal to be learned from it. it's how you thoughtfully have a conversation about how you alone from it. >> reporter: one school principal said looking at student test scores is not enough. looking at teacher practice, belief systems and how teachers impact student learning should be included. dave lopez, cbs 5. thousands of bay area students went back to class today but one school was quite different from the one they left last year. anne makovec shows us how students and teachers are moving forward following a devastating summertime fire. >> reporter: a new school year never looked so -- well, new here at trace elementary. >> good morning. how are you doing? >> reporter: it's a new year and a brand-new set of portable classrooms. >> this is the first day of school and we want -- and we want to make our school better. >> reporter: it's already better than what it looked like six weeks ago after an overnight fire ravaged much of the elementary school building. >> it catched on fire. >> reporter: what did you think when that happened! >> ii cried. >> reporter: $10 million worth of damage. >> i think it was sad. but now we got it fixed and stuff. >> reporter: thanks to over $100,000 in donations and some quick construction work. >> once we found out about it, we rushed over to help get this thing happening. >> reporter: they had to build the first and second grade classrooms makeshift cafeteria, library and computer lab on a field across dana avenue. they hired a full-time crossing guard to help kids across. >> we wanted to figure out what will be best for the students and facility. and so we are going to be asking the hard questions. asking ourselves the difficult questions but we want to do what's best. >> i want them to know that there is a plan and we are prepared to deal with whatever emergency so they are safe here. >> i'm kind of nervous. >> reporter: what are you nervous about? >> going to school. i never went there before. >> reporter: despite the first day jitters, there is still that child like honesty like this response to the school's demise. >> sad. really like school. >> reporter: with that these students' bounce-back ability is shown just as strong as that of their school as they say on the morning intercom announcement -- >> "have a fabulous first day!" >> reporter: the district wants to have a new trace elementary school built within two years but as we all know in this time of tight budgets, that's a tall order. they have a couple of facebook pages to take donation, they are also accepting cash and school supplies. in san jose, anne makovec, cbs 5. president obama is in california tonight. he has brought some decidedly east coast politics with him. and when you simply can't call an air-conditioner repairman, you do the job yourself. the 49ers go after a big name runningback. i'm dennis o'donnell. in fact, there he is. smile, men. there is a new 49er coming up in a few minutes. ,, 3q copd makes it hard for me to breathe. but with advair, i'm breathing better. so now, i can join the fun and games with my grandchildren. great news! for people with copd, including chronic bronchitis, emphysema, or both, advair helps significantly improve lung function. while nothing can reverse copd, advair is different from most other copd medications because it contains both an anti-inflammatory and a long-acting bronchodilator, working together to help you breathe better. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. i had fun today, grandpa. you and me both. if copd is still making it hard to breathe, ask your doctor if including advair will help improve your lung function for better breathing. get your first full prescription free and save on refills. touched down in los angeles late this afternoon. the the president is in southern california tonight. air force one touched down in los angeles late this afternoon. the president is attending a big fundraiser tonight at the home of john wells, the executive producer of tv shows e.r. and the west wing. other hosts for that event include steven spielberg and barbra streisand. but it's part of the president's cross-country fundraising blitz to help the democratic congressional campaign committee but republicans are making the president's comments about building a mosque near ground zero a big issue. joel brown reports. >> reporter: president obama hit the road for a three-day tour hoping to keep voters focused on his plan to rescue the economy. >> we are investing in 21st century infrastructure. we have cut tax, we have got to keep going forward. >> reporter: he is not just giving speeches. the president's also using his trip to raise thousands in campaign cash for his party. it's all part of the democrats' effort to try to hang on to as many seats in congress as they can, when voters head to the polls in november. but republicans are focusing on something else the president said. they are pointing to comments he made friday about a proposal to build a mosque just two blocks from ground zero in new york city. >> i believe that muslims have the right to practice their religion as everyone else in this country. >> reporter: over the weekend, the president appeared to back away from the statement, but republicans say no matter how he says it the president is wrong. >> this is an emotional issue and people who lost family do not want that mosque in new york. >> reporter: even the senate's top democrat harry reid thinks the mosque should be built elsewhere. >> every, single democratic candidate in august is going to be asked about it. >> reporter: but the white house insists the controversy will blow over. top aides believe by november, voters' biggest worry will once again be the economic challenges facing the nation. joel brown, cbs 5, the white house. flooding is threatening millions of children in pakistan. 1600 people have already died. as charlie d'agata reports, more rain is forecast this week. >> reporter: united nations is warning of a second wave of deaths from the devastating floods in pakistan unless help arrives fast. authorities say more than 3 million children and babies are most at risk of catching deadly diseases from dirty water. [ screaming ] >> reporter: anger is rising. desperate survivors say the government hasn't done enough to save lives. he says, we're dying of hunger here and no one has showed up to comfort us. torrential monsoon rains have caused rivers to burst their banks, flooding the mountain valleys and killing up to 1600 people. villages in an area the size of arizona are either underwater or surrounded by floodwaters. an estimated 2 million are homeless. the u.n. secretary-general toured the region over the weekend and called it the worst disaster he has ever seen. >> it is heart-wrenching. the scale and magnitude is difficult to comprehend. >> reporter: roads are swept away or buried under mud slides. soldiers are using donkeys to carry food and water to remote mountain regions. but pakistan's embattled president is promising things will get better. the u.n. is calling for half a billion dollars in international aid. the u.s. has already donated $70 million. charlie d'agata, cbs news. clouds continue to play tag with the coast. we'll be pushing inland tonight. the effect it will have on your tuesday as eyewitness news continues right here on cbs 5. ,,,,,, [ cell phone rings ] [ john ] i love these new cell phones. 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[ male announcer ] wells fargo. with you when life is mobile. ♪ they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs. fix sacramento. and deliver results. meg whitman. for a new california. spacewalk outside the international space station today. it's the 150th space walk in a milestone's spacewalk outside the international space station today. it's the 150th spacewalk in support of the space station since the construction began in 1998. two astronauts installed a new pump to the station's cooling system and it actually had broken down two weeks ago. the station has been operating on just half the normal cooling capacity since then shutting down some of the science projects and turning off some of the equipment, too. >> we do not need air- conditioning here. >> oh, no. >> my goodness join land you did a little bit. high temperature 89 degrees in gilroy. >> oh. >> i know, in your neck of the woods it's frigid! she comes in and she is wearing boots and thermal underwear and... [ laughter ] >> not a pretty sight. what is a pretty sight is look at this our mount vaca cam, look at this. isn't this glorious? >> yeah. >> right there today it was 89 degrees. the winds are now kicking up off the water however out of the west up to 23 miles per hour. today's high temperature right there in pacifica, 84 degrees. out and about this evening you require the jacket near the water or into the city of san francisco. otherwise, we still have some very mild temperatures. still in the 80s in livermore and in concord. oh, you probably are going to be late if you are watching this right now but we have oakland as baseball action. in fact, tonight one of our weather watchers, he has something to say about the weather. >> this is rusty down at the as third base dugout camera. beautiful day right now. but tonight, you might want to bring your layers. it's going to be a little chill will. >> good advice there, rusty! that's right. game time temperature 64 tumbling into the 50s with a west wind at 15 miles per hour. that wind is all associated with this deepening marine layer. it's already penetrating the bay making tracks towards our inland areas. it will surge a good 60 miles inland and then tomorrow begin a retreat and again play tag with the immediate seashore and that is going to keep our temperatures on the cooler side. also, trough is now beginning to show some movement to the east. north bay numbers down slightly. otherwise tonight temperatures in the 50s, tomorrow's daytime highs going to 88 degrees in livermore, san ramon and dublin. 76 san jose, but in the upper 80s 30 miles south towards morgan hill and gilroy. there you have the extended forecast in which the warmest day this week will be thursday followed by the coolest day on friday. and seasonal temperatures by the weekend. it's never too early to start talking about the weekend! this time last week i was talking about how badly my tomatoes are faring because we don't have enough heat? betsy has no problems in berkeley and she took a photo to prove it. keep the pictures coming to cbs5.com/connect. >> looks great. thanks, roberta. coming up on eyewitness news at 10:00 on the cw and 11:00 on cbs 5, destroyed campaign signs, mysterious text messages, what may be a case of dirty politics taking over the south bay. that at 10:00 and 11:00. the 49ers add a pro bowl runningback and also got rid of a former number one draft pick. i'm dennis o'donnell. wheeling and dealer at 9er headquarters next. ,, ,,,,,,,,,,,,,,,,,, strong performance in the pr ner from 49ers win, successful broadcast. >> i was very impressed with downtown indianapolis. you can walk from downtown to lucas oil stadium. they did it right. it's a beautiful place but the 9ers got off on a good start and they got a strong performance in the preseason opener from rookie runningback anthony dixson, who ran for 100 yards but he will not win the backup job to frank gore because today, the 49ers signed veteran runningback bryan westbrook, who spent the first 8 seasons of his career with the eagles. the 49ers wanted a veteran who knew how to block knew how it protect a quarterback and westbrook fits the bill. brian joins us. congratulations. who made contact first? >> the 9ers called me first. i'm happy to be here. >> you're only 30 years old but you sustained multiple concussions, a couple last year that limited to you just half a season to start. what kind of risk are you taking by continuing to play football? >> well, just by conferring with the doctors and talk with them, they said that i'm not taking any additional risk by playing football. my risk is just as great as any other football player. my concussions have completely healed and now i have the opportunity to play football worry-free. >> i asometime that mike singletary spoke with you. you know that this offense runs through number 21. that being the case what role do you expect to play? >> i expect to come out here and kind of take frank's place when he comes out of the game and be able to spell him any chance that >> i have brian, at the peak of your career were you one of the best in the business as a runner and receiver. how much do you think you have left in the tank? >> an awful lot left in the tank just judging by my workout in this offense and in this team. i definitely can contribute to help the team win. >> if you had that much left, why did philadelphia let you go, do you think? >> well, they were going with a whole youth movement so they were trying to get younger players in there a little cheaper but definitely younger players. for me it's part of the business. >> it's part of the business of tv, too. i keep looking over my shoulder. [ laughter ] >> also today, kentwan balmer was traded to the seahawks in exchange for a sixth round pick. he was a wol from training camp last week. how bad did he want out? he reportedly paid back part of the $800,000 signing bonus to get the deal done. the giants dropped two out of three from the padres this weekend to fall 3.5 games behind. but let's face it. this team isn't going anywhere unless tim lincecum starts pitching like -- well, tim lincecum. after giving up six more runs in three innings yesterday, he is now 0-3 with a 9.00 earned run average this month. >> i can't keep searching. i just did the to go out and pitch. any pitcher in his career has gone through struggles so this is going to be a learning experience for me to put things in perspective and, you know, just build from. it that's all i can really do. >> could have been worse. he could have been dustin johnson. this golfer shot an 81 in the final round. u.s. open to fall out of contention. but that was nothing compared to his final round at the pga championship. johnson was thought to be headed to a three-way play-off after missing a par putt on 18. but when replays showed that his club made contact with the sand trap on 18, he was forced to take a two-stroke penalty. martin kaymer won, the first career major. afterwards the debate continued. was it a bunker? >> it may have started the week as a bunker but it looks more like i don't know a manger? >> i don't know if i can describe it, walking up there seeing the shot it never once crossed my mind that i was in a sand trap. it's very unfortunate. i guess the only worse thing could happen if i made the putt on the last hole. >> tough way to lose a tournament. if you were busy flying to and from indianapolis this weekend, here's what you might have missed: . >> a little kid brought his glove to the reds game about to make a first catch but emilio has a brilliant catch and ruins his day. this was better. colorado centerfielder dexter fowler takes a home run away from milwaukee. stefan curry survived round 2 of the cuts for team usa. i say they made the right call. no look shovel pass of rudy gay u.s. blows out france. back to whistling straits. at 51 tom lehman made it through all four rounds of the pga and also the only one to hit a hole in one this weekend. finally, detroit's carlos guillen had never played second base before this season. now, judging from the behind the back flip, i think he figured it out. >> double play! >> oh, no, he didn't! >> oh, yes, he did. >> we just saw... >> oh!! [ laughter ] >> unbelievable play. >> dustin johnson, i think you got to not course. it's a player's responsibility to know the course layout and where those traps are. and that's a bizarre setup on 18. there are traps everywhere. >> it's 1200 traps on the course. >> so i think you have to assume that's a trap. >> that's what they told them. >> golf of late, a lot of players are getting a chance to be on the leaderboard because tiger is not up there and you know all those top players. >> but -- >> phil didn't do well. >> it takes some of the drama and ratings away. did i tell you the 49er game doubled the pga championship yesterday? >> wow. >> did did we tell you how well you look in that shirt? not every man can wear pink. you're pulling it! >> thankyou! >> see you at 10:00 and 11:00. ,, welcome to the world of lovaza, where nature meets science. if you have high cholesterol, high blood pressure or diabetes, you may also have very high triglycerides -- too much fat in the blood. it's a serious medical condition. lovaza, along with diet, effectively lowers very high triglycerides in adults but has not been shown to prevent heart attacks or strokes. lovaza starts with omega-3 fish oil that's then purified and concentrated. it's the only omega-3 medication that's fda-approved. you can't get it at a health food store. lovaza isn't right for everyone. tell your doctor if you're allergic to fish, have other medical conditions and about any medications you're taking, especially those that may increase risk of bleeding. blood tests are needed before and during treatment. in some, ldl or bad cholesterol may increase. possible side effects include burping, infection, flu-like symptoms, upset stomach, and change in sense of taste. ask your doctor about lovaza, the prescription that starts in the sea.